Privacy Policy

Last updated: 2023-04-06

At Fair Winds Analytics, Inc., we are committed to respecting your privacy. A reference in this Privacy Policy to “Fair Winds”, “we”, “us”, or “our” is a reference to Fair Winds Analytics, Inc., or, if applicable, its relevant affiliates carrying out the processing of your Personal Information. We recognize that when you choose to provide us with information about yourself, you trust us to act in a responsible manner and to protect and safely manage any personal information that you share with us. This Privacy Policy explains who we are, how we collect, share and use Personal Information we collect about you and how you can exercise your privacy rights.

“Personal Information” means any information that may be used to identify, relate to, describe, or that is reasonably capable of being associated with, or could reasonably be linked, directly or indirectly, with a particular individual, household or device.

If you have any questions or concerns about our use of your Personal Information, then please contact us using the contact details provided at the bottom of this Privacy Policy.

What Information Do We Collect?

When you interact with the Website, Applications, Services and Third Party Services, we collect two types of Personal Information from you:

  • Personal Information, including name, user ID, email address, phone number, and professional information; and
  • Device identifiable information, including your IP address, browser type and language, access times, pages visited, and referring website addresses.
    If you make any payment through our Website or Applications, your credit card and other billing details may be gathered and stored with our trusted Payment Processors for the purpose of completing your purchases.

In the 12 months prior to the date of this Privacy Policy, we have collected the categories of Personal Information identified above and disclosed Personal Information as described in this Privacy Policy.

How is Your Information Collected?

We collect Personal Information about you from a variety of sources, including directly or automatically from you, from third party sites and businesses, as well as from publicly available information.

Information you provide voluntarily:

Certain parts of our Website, Applications, Services and Third Party Services may ask you to voluntarily provide Personal Information. For example, we may collect personal identifiers such as your name, email address, and phone number, and professional information such as your occupation and place of employment in order to register an account with us, to make use of our Services or Applications, to subscribe to marketing communications from us, to engage with a member of our team regarding your use of our Services or Applications, or in submitting enquiries to us.

When you participate in, download, access, use, or sign up to receive Services, Applications, Third Party Services, activities or online content, such as email publications, blogs, newsletters, live chats, message boards, vote, or create an account using Fair Winds’s online registration system, Fair Winds may receive Personal Information about you, including personal identifiers and professional information, that we use to provide our services to our business customers. In comments you post to blogs, live chats, or message boards, you may also voluntarily disclose additional categories of Personal Information, depending on the content of your posts.

Automatic Collection of Information:

When you visit our Website, Fair Winds will gather internet activity information about your visit and your device automatically, including how you found or were directed to or used the Website and the name and URL of the website that you visited immediately preceding your visit to our Website. Please see our cookie policy for more information. Fair Winds may use this type of information internally, on a cumulative basis, to better understand what pages Visitors and prospective customers access or visit. Fair Winds may aggregate internet activity information, combine it with other information, and disclose it to business and trade partners as well as Fair Winds’s Affiliates. For information on who we share your information with, and why, please see “Disclosures, Sharing and Onward Transfers of Your Information” below

When you access or use our Applications, we automatically collect mobile activity information about your use of the Applications, including crash logs and usage statistics, and about your mobile device and its interaction with the Applications, including the type of mobile device you use with the Applications, your wireless service carrier, your device ID and operating system, the type of mobile Internet browsers in use, and the location of your device including geo-location information.

Payment Processors:

Fair Winds may use certain third party payment processors to collect and process personal financial information from Visitors such as name, phone number, address, zip/postal code, and credit card or bank account information for the purposes of allowing Visitors and Users to purchase Services via our Website or Applications. If you make any payment through our Website or Applications, your credit card and other billing details may be gathered and stored with our trusted Payment Processors for the purpose of completing your purchases. Fair Winds does not store your credit card or billing details, and such details cannot be accessed by Fair Winds’s staff. Fair Winds contractually requires that its Payment Processors stay compliant with the Payment Card Industry Data Security Standards (PCI-DSS), as well as all applicable local, provincial/state, national and international laws and regulations related to the services provided to Fair Winds by such Payment Processors.

Your Customer's Information

We process the personal information of your customers as an independent Data Processor and/or Service Provider (as these terms are used in European and California privacy law), only for the purpose of providing the Services in accordance with documented instructions from you (provided that such instructions are commensurate with the functionalities of the Services), and as may subsequently be agreed to by you. If we are required by law to Process the Personal Data for any other purpose, we will provide you with prior notice of this requirement, unless we are prohibited by law from providing such notice. We will never use your customers’ information to independently market or advertise to your customers. We also do not and will not “sell” your customers’ information, as that term is used in California law.

Because you decide how the personal information of your customers will be used, you need to make sure your customers understand how you (and how we on your behalf) collect and process their personal information.

Disclosures, Sharing and Onward Transfers of Your Information

We may disclose your Personal Information to the following categories of recipients:

  • To our group companies, Affiliates, third party services providers and partners who provide data processing services to us (for example, to support the delivery of, provide functionality on, or help to enhance the security of our Website, Applications, Third Party Services or Services), or who otherwise process Personal Information for purposes that are described in this Privacy Policy or otherwise notified to you when we collect your Personal Information;
  • To the third parties that provide the Third Party Services for the purposes described in this Privacy Policy and each third party’s Privacy Policy;
  • To any competent law enforcement body, regulatory, government agency, court or other third party where we believe disclosure is necessary: (i) as a matter of applicable law or regulation, (ii) to exercise, establish or defend our legal rights and property, or (iii) to protect your rights, property or safety or those of any other person;
  • To an actual or potential buyer (and its agents and advisers) in connection with any actual or proposed purchase, merger or acquisition of assets or any part of our business; and
  • To any other person with your consent to the disclosure.

Finally, we also share aggregated, anonymized or statistical information about you (and your use of our Websites, Services and Applications) with others for a variety of purposes, including to improve our products and services. Such information is not Personal Information and is not subject to the restrictions set forth in this Privacy Policy.

International data transfers

Your Personal Information may be transferred to, and processed in, countries other than the country in which you are resident. These countries may have data protection laws that are different to the laws of your country (and, in some cases, may not be as protective).

Specifically, our Website and Application servers are located in Canada, and our third party service providers and partners operate around the world. This means that when we collect your Personal Information we may process it in any of these countries.

However, we have taken appropriate safeguards to require that your Personal Information will remain protected in accordance with this Privacy Policy.

Legal Basis for Processing Personal Information (EEA and Swiss visitors only)

If you are a User or Visitor from the European Economic Area or Switzerland, our legal basis for collecting and using the Personal Information described above will depend on the Personal Information concerned and the specific context in which we collect it.

However, we will normally collect Personal Information from you only (i) where we need the Personal Information to perform a contract with you, (ii) where the processing is in our legitimate interests and not overridden by your rights, or (iii) where we have your consent to do so.

If you have questions about or need further information concerning the legal basis on which we collect and use your Personal Information, please contact us using the contact details provided under the “Contact Information” heading below.

Security

Wherever your Personal Information may be held within Fair Winds or on its behalf, Fair Winds takes reasonable and appropriate steps to protect the Personal Information that you share with us from unauthorized access or disclosure. Fair Winds trains its employees on data handling practices. In addition, Fair Winds and its business partners enter into confidentiality agreements which require that care and precautions be taken to prevent loss, misuse, or disclosure of your Personal Information.

However, while we attempt to ensure the integrity and security of Personal Information, please note that no method of transmission over the Internet, or method of electronic storage, is 100% secure. Therefore, although Fair Winds complies with its legal obligations in respect of the security of your personal data we cannot guarantee its absolute security.

Data retention

We retain Personal Information we collect from you where we have an ongoing legitimate business need to do so (for example, to provide you with a service you have requested or to comply with applicable legal, tax or accounting requirements).

When we have no ongoing legitimate business need to process your Personal Information, we will either delete or anonymize it or, if this is not possible (for example, because your Personal Information has been stored in backup archives), then we will securely store your Personal Information and isolate it from any further processing until deletion is possible.

Your data protection rights and choices

  • If you wish to make a request to access, correct, update or delete your Personal Information, you can do so at any time by contacting us using the contact details provided under the “Contact Information” heading below.
  • You have the right to opt-out of marketing communications we send you at any time. You can exercise this right by clicking on the “unsubscribe” or “opt-out” link in the marketing emails we send you. To opt-out of other forms of marketing (such as postal marketing or telemarketing), then please contact us using the contact details provided under the “Contact Information” heading below.

If you are a resident of the European Economic Area or Switzerland, you can also:

  • Object to processing of your Personal Information, ask us to restrict processing of your Personal Information or request portability of your Personal Information. Again, you can exercise these rights by contacting us using the contact details provided under the “Contact Information” heading below.
  • Similarly, if we have collected and processed your Personal Information with your consent, then you can withdraw your consent at any time. Withdrawing your consent will not affect the lawfulness of any processing we conducted prior to your withdrawal, nor will it affect processing of your Personal Information conducted in reliance on lawful processing grounds other than consent.
  • You have the right to complain to a data protection authority about our collection and use of your Personal Information. For more information, please contact your local data protection authority.

We respond to all requests we receive from individuals wishing to exercise their data protection rights in accordance with applicable data protection laws.

Privacy Policies of Third Party Services and Third Party Websites

Our Website, Applications, and Third Party Services may contain or reference links to non-Fair Winds websites (including the websites of the providers of Third Party Services). Fair Winds has no control over, and assumes no responsibility for, the content, privacy policies (if any), or practices of any third party website or any link contained in a third party website. The inclusion of a link within any Website, Applications, or Third Party Service does not imply any endorsement by or any affiliation with Fair Winds. Access to any third party website is at your own risk, and you should be aware that third party websites may contain privacy policies that have terms that are different from that of this Privacy Policy

In connection with your use of any Website, Applications, Service or Third Party Service, you may be made aware of services, products, articles, offers, and promotions provided by third parties, and not by us.

Finally, your use of Third Party Services may expose your data to the providers of such Third Party Services. The collection, use and retention of your data by such third parties is governed solely by such third parties’ respective privacy policies, and Fair Winds has no control over how such third parties use your data.

Updates to the Privacy Policy

Fair Winds may amend this Privacy Policy from time to time by posting a revised Privacy Policy on our Website. If Fair Winds makes material changes to this Privacy Policy, Fair Winds will endeavor to notify you of such changes (e.g., by email or an alert on any Website for a period of time). However, regularly reviewing this page is the best method to ensure you are always aware of the information Fair Winds collects, how it is used and under what circumstances.

You can see when this Privacy Policy was last updated by checking the “last updated” date displayed at the top of this Privacy Policy.

Definitions

“Affiliates” refers to present or future companies that, directly or indirectly, through one or more intermediaries, control, are controlled by, or are under common control with Fair Winds.

“Application(s)” refers to the mobile applications provided by Fair Winds and its Affiliates.

“Materials” refers to the software, toolkits, documentation and all other information, whether tangible or intangible.

“Services” refers to the services provided by Fair Winds, provided in connection with the Materials. For clarity, Services does not include the software programs offered by Fair Winds or its Affiliates to customers.

“Third Party Services” refers to third party data rooms, channels, and services that Fair Winds may grant you access to, and use of, for the purposes of collaborating and sharing information with Fair Winds

“Users” refers to individuals who use the Services, Applications, or Third Party Services.

“Visitors” refers to individuals who visit a Website.

“Website” refers to the websites www.fairwindsanalytics.com, and all other related sub-domains, which includes text, media, documentation, pictures, and other content.

Contact Information

For disputes regarding Fair Winds’s collection or use of your Personal Information or for more information, or questions or comments concerning the Privacy Policy, please contact Fair Winds at:

Fair Winds Analytics, Inc.
Privacy Manager
privacy@fairwindsanalytics.com

You may also stop email messages and other promotional mailings by contacting Fair Winds at the above email.